People with pets and a leasehold that prohibits them - what did you do?

SaintJudy

AdrianC said:

SaintJudy said:

This is exactly the approach I'm already taking, I've spoken to my solicitor that this is the highest priority because if I can't get agreement from the other flats then this sale can't proceed.

I think you need to be prepared for that.

I'm not prepared to chance it and find there may be a problem later

Unless the freeholder is willing to amend your lease to remove that clause completely, then there can be no future certainty.
If they are willing to do that for you, they need to be willing to do that for all leases.

What if other leaseholders object to the removal of what they may (correctly) perceive to be a protection against somebody moving in with 47 dogs that yap and bark and howl all day and night, shedding hair over the common areas...?

but I'm also not willing to fall at the first hurdle and walk away without even trying as per many of the other comments here. Frankly I'm quite surprised at some of the comments I've received, and can only assume that they are the kind of people who must give up on things without trying to find solutions.

No, it's simple understanding of the reality of the situation.

I also don't think that I'm a special case and that 'the rules don't apply to me'

The rules for this lease say "no pets that may cause annoyance".
You want to buy that lease AND have a guarantee that it won't apply to your pets, even if other leaseholders find their presence an annoyance. Annoyance is in the eye (ear, nose) of the beholder.

I'm struggling to see how you square this dichotomy with your statement, but I'm sure you can explain?

I'm afraid you're coming across as arguing with me for the sake of arguing. I have my eyes wide open, I'm not throwing my toys out of the pram - I have spoken to my solicitor, I would like to find an agreeable solution instead of just giving up, I am fully prepared to walk away if needed and I am not expecting any cast iron guarantees.

In fact I haven't asked for advice or guidance on my position at all, what I have actually asked for is the experiences of other people who have been in the same position. 

Slithery

Even if the current freeholder does agree, there's nothing to stop them changing their mind later.
The only way you can be certain of being allowed a pet is to get the lease varied, and this just isn't going to happen.
You only have 2 choices - either pull out of the purchase or understand that you may have to get rid of your pets at some point in the future. I think that this was my reply on the first page?

NeilCr

SaintJudy said:

AdrianC said:

SaintJudy said:

This is exactly the approach I'm already taking, I've spoken to my solicitor that this is the highest priority because if I can't get agreement from the other flats then this sale can't proceed.

I think you need to be prepared for that.

I'm not prepared to chance it and find there may be a problem later

Unless the freeholder is willing to amend your lease to remove that clause completely, then there can be no future certainty.
If they are willing to do that for you, they need to be willing to do that for all leases.

What if other leaseholders object to the removal of what they may (correctly) perceive to be a protection against somebody moving in with 47 dogs that yap and bark and howl all day and night, shedding hair over the common areas...?

but I'm also not willing to fall at the first hurdle and walk away without even trying as per many of the other comments here. Frankly I'm quite surprised at some of the comments I've received, and can only assume that they are the kind of people who must give up on things without trying to find solutions.

No, it's simple understanding of the reality of the situation.

I also don't think that I'm a special case and that 'the rules don't apply to me'

The rules for this lease say "no pets that may cause annoyance".
You want to buy that lease AND have a guarantee that it won't apply to your pets, even if other leaseholders find their presence an annoyance. Annoyance is in the eye (ear, nose) of the beholder.

I'm struggling to see how you square this dichotomy with your statement, but I'm sure you can explain?

In fact I haven't asked for advice or guidance on my position at all, what I have actually asked for is the experiences of other people who have been in the same position. 

Trouble  is - in a situation like this - other peoples experiences aren't going to help. 

It's only going to be relevant to their estate and the other folks on it. As I say we've not had a problem in thirteen years. But, who knows, someone with two loud dogs might move in next week - or a new resident who finds the very sight of cats a disturbance and starts complaining. I am using extremes but that is the reality. 

Majoggy

So in this flat you would represent 1/6th of the freeholders - if it came to it, surely the other flats would have to vote on whether your cats stay or go?

I haven't met your potential neighbours, but I just can't imagine a majority of the freeholders voting for your indoor cats to go without good reason. 
L

NeilCr

Majoggy said:

So in this flat you would represent 1/6th of the freeholders - if it came to it, surely the other flats would have to vote on whether your cats stay or go?

I haven't met your potential neighbours, but I just can't imagine a majority of the freeholders voting for your indoor cats to go without good reason. 
L

In principle you are right. However, from bitter experience these disputes can get quite messy. Someone suddenly takes someone else's side etc etc 

From what has been said I am pretty sure the OP will be fine. However, I think it unlikely that they will get the concrete assurance that they want. 

hazyjo

They may in future be forced to make a blanket decision if other cats cause a nuisance. It's really not people being negative or not looking for solutions, it's people like me who would not even take the slightest risk. I love my three cats to bits and wouldn't think hmm how can we get round this, or future residents couldn't possibly complain, I would simply buy elsewhere.

youth_leader

I'm so glad you posted about this today, thank you, I had started looking at flats but have an elderly shetland sheepdog and cat.  I had already arranged a viewing of a ground floor flat and have now phoned the EA to see if pets are allowed. 

Slithery

youth_leader said:

I'm so glad you posted about this today, thank you, I had started looking at flats but have an elderly shetland sheepdog and cat.  I had already arranged a viewing of a ground floor flat and have now phoned the EA to see if pets are allowed. 

The EA isn't the person to ask. You need to read the lease.

hazyjo

Agree. Wouldn't believe what the EA (or the vendor for that matter) says. Not necessarily because they're lying, but they may presume, or be misinformed.

theoretica

Having skimmed through, I don't see anyone suggesting one of the first questions I would ask.  What pets are there already in the building? Does the seller know? If 2/3 of the flats already have a cat or dog that is an indication one way about complaints not being made, while if the answer is 'a goldfish in flat 3' that's less reassuring.